Joined: 04 May 2006Posts: 10Location: Staffordshire
Is it legal for Wanadoo to impose their terms and conditions regarding the supply of a Broadband service and disregard the protections offered to the consumer by the various statutes in force in the UK?
When my daughter requested broadband at the beginning of January 2006, Wanadoo offered the service with the addition that they would provide "Free Equipment". Wanadoo activated the phone line on 16th January. They despatched the modem to a totally different address nearly 100 miles from where she lives on 9th january. They despatched a second modem, to arrive with her by 23rd January, to the same address. So the phone line is active but she had no "Free Equipment" to check that the service was operating. Wanadoo activated her direct debit on 30th January with the knowledge that they had failed to proved the equipment to use the service. There has never been an internet service in her home prior to this transaction.
On 8th February she was promised that a modem would be sent to arrive in Three days and they would refund the D/D on that same day.
On 14th February she was told that neither of the actions promised on the 8th had been actioned but they wold send a modem right away because their supplier had got the wrong Postcode, but that had now been sorted out.
It was obvious that she had been lied to and had lost confidence in Wanadoos ability to trade in a fair and honest manner with her. She wrote to cancell the contract on the basis that they had failed to provide the essential item to access the service.
The Consumer Proyection (Distance Selling) Regulations 2000 do in section 19 paragraph 1 state that " Unless the parties agree otherwise, the supplier
shall perform the contract within a maximum of 30 days beginning with the day after the day the consumer sent his order to the supplier"
My daughters modem arrived on the 14th April, a little over 30 days I think you will agree. They have denied her the right to cancel the contract and despite her having paid £14.99 for nothing they still demanded a further £14.99 be paid for February before they would consider sending her a modem or discuss any credits for loss of access to the service and compensation for the almost 5 hours of telephone calls made to resolve the problem.
So where is she now?
She has a modem, it arrived a day after Wanadoo cancelled her contract. Despite the delivery note still having the wrong postcode.
Sha has never had the opportunity to register on line for the service without having to go out and purchase her own "Free Equipment"
There is a demand that she pays Wanadoo £164.90 for the cancellation of the contract.
Wanadoo have also told her that they will not re-open the account unitl she has paid a full years charges up front, some £218.
So does Consumer Legislation protect the consumer?
Does the Sale of Goods Act 1984 offer more protection than the Distant Selling Regulations 2000?
I do not know.
She has yet to receive a migration Code to go elsewhere for a service.
She has yet to have the lock removed from her phone line.
She has yet to receive confirmation that Wanadoo acted wrongly.
I have done all I can, she can only wait for the Legal Action that Wanadoo have indicated that they will take to recover the debt to give her the opportunity have her say in court.
I can assure you that this is not an invented scenario. I am able with, my daughter's authority, to produce documentary evidence to support everything that I have stated here.
Joined: 04 May 2006Posts: 10Location: Staffordshire
Thanks for the replies to my post especially for the Ofcom data.
I will follow this up today.
The point about the in-contract period should not be applicable in this case since the contract was never performed by Wanadoo due to their inability to deliver, to my daughters home, the necessary equipment to enable her to use the service within the statuary 30 day period laid down in all of the consumer protection legislation.
Wanadoo also breached their own terms and conditions when applying a start date which could not conform to their own start date definition.
These are my own opinions based on my understanding of the paperwork in my possession, they are yet to be evaluated by legal experts.
Oh actually I did forget something. There are 2 situations where they won't give you the MAC code, when there's an outstanding balance on the account or when the account is closed. It was late when I replied before and I only sort of glanced over things.
A few other notes of how things are supposed to work.
They have to try at least 3 times to send out the modem before cancellation is considered.
If the account is inactive due to billing nothing can be ordered that includes compensation too I believe too.
Once the account is closed you're a bit stuck as closed accounts cannot be reopened.
I'm not certain, you'd have to get advice on the terms and conditions, but at least some of the distance selling regs are waived, heard talk that the majority of them are in there are waived too but I've not looked at them in detail. Also there's supposedly a stupid one basically saying agents may lie to you.
Joined: 04 May 2006Posts: 10Location: Staffordshire
Thanks Elhana, your observations are correct. In our case modems were despatched 9th January, a second to arrive by 23rd January, a third promised on 8th February, a fourth promised on 14th February and a fifth on 16th March.
How many lies in there?
Eventually one was despatched on 29th March with the wrong postcode and that did not arrive until 14th April.
You are correct that Wanadoo appear to be able to do as they like to customers. Regardless of the treatment you get you still are expected to pay them. It does seem a wonderful way to make money!
There must be some moral and legal questions to be answered though!
If my daughter had not withheld payment she would never have received a response from Wanadoo. They still have not offered an explanation for the way that they have actioned her order, their only responses are give us more money or we sue!
Joined: 04 May 2006Posts: 10Location: Staffordshire
As an update on this continuing saga I was telephoned last week by our local Trading Standards Officer who has been helping me to resolve the problem.
She had spoken to Wanadoo who stated that they had waived all charges on my daughters account. She had not got to pay Wanadoo anything and was free to seek a Broadband service elsewhere.
Great. Free at last!
However my daughter has been told in writing from Wanadoo that she has to pay them £164.90 and 10 days after the payment has cleared she must go on-line to register for a new Wanadoo account. Once she has done this she can email to a specific address and Wanadoo will--- at this point it becomes a little unclear!
One paragraph says that once the actions are completed they will refund £164.90 plus the £14.99 taken in January. Fine
Another paragraph says that within 2 days of the email they will wipe the charges from the account.
Am I thick, the 2 statements appear to contradict each other, or is there a meaning that I do not understand.
I have spoken with my daughter and we agree that Wanadoo are imposing unfair terms and conditions to the question of the refund.
1. Would she be wise to give them a second chance given the 5 months of messing about that she has experienced?
2. Since Wanadoo are aware that she has no internet access so cannot comply with their demands, will she get a refund?
3. If she paid and could not register for a new account she is still further out
and Wanadoo have acheived their initial objective of getting their £178-ish for a cancelled account.
4. What ever became of the initial offer to consider compensation that they made on 16th March.
5. Should we just say Get Lost, and take court action to recover the £14.99 together with costs for all the phone calls and letters, and compensation for not having the service that was ordered in January.
Joined: 21 Apr 2006Posts: 94Location: Fallowfield, Manchester
Why don't you speak again to the Trading Standards Officer?
I don't think your daughter should give Wanadoo a second chance. BTW I don't see how it's their second chance. Isn't it at least their fifth chance?
Wanadoo appear to want your daughter to pay them more money claiming that they will then refund that additional money and the money they already owe her. They have already failed to refund the money they owe her so why on earth would you believe they will refund the extra as well?
There is also a danger that when your daughter, having coughed up the £164.90, registers for a new account, she will be somehow getting tied into another 12 month contract She does not need an account for them to repay what they owe her. At a minimum they could send her a cheque.
IMO (5) is the way to go, having spoken to the local TSO.
Don't pay them you will never see your money again and if you register for an account after paying them then they will ask for another years payments if you do this only with the intention of leaving
Joined: 04 May 2006Posts: 10Location: Staffordshire
Today my daughter has received a letter signed by a Customer Relations Specialist at Wanadoo, confirming that they have written off the £164.90 termination fee on her account
She has also been assured that she will receive a cheque for £14.99 within 28 days. This clears her account. She is accepting the costs of resolving the problems as a learning experience and is actively seeking a service from elsewhere.
It has been 5 months and 22 days since Wanadoo despatched the first modem, and at no time has there been any service or connection.
Other members of the family, who are at present with Wanadoo, and who were recommending them will also soon be transferring to another ISP. They are too embarrassed at the total lack of commitment on Wanadoo's part to provide a service, to remain with Wanadoo.
So it does pay to look beyond Wanadoo's Terms & Conditions. You are protected by the Sale of Goods & Services Act and The Consumer Protectio (Distant Selling) Regulations 2000.
Also look very closely at The Wanadoo Code of Practice, not always do they act strictly to the letter of the code in the setting up of accounts and in handling of complaints.
Joined: 04 May 2006Posts: 10Location: Staffordshire
Today my daughter received a cheque for £14.99 from Orange/Wanadoo as a refund of payment taken in January. This is the first and only promise that they have kept in the 5 months that the problem has been going on.
So its Goodbye from us and Goodbye to them.
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She does not need an account for them to repay what they owe her. At a minimum they could send her a cheque.
